WHETHER, AFTER FINDING THE EVIDENCE FACTUALLY INSUFFICIENT TO SUPPORT A FINDING OF GUILTY TO THE ADDITIONAL CHARGE AND ITS SPECIFICATION (FORGERY), THE ARMY COURT ERRED IN FINDING APPELLANT GUILTY OF A LESSER INCLUDED OFFENSE ON A THEORY NOT PRESENTED TO THE TRIER OF FACT.ACCA's unpublished opinion in the case is available here. United States v. Morton, No. ARMY 20060458 (A. Ct. Crim. App. Sept. 30, 2008).
Tuesday, March 17, 2009
As reported by Phil Cave's Court-Martial Trial Practice blog, CAAF yesterday granted review of the following issue in United States v. Morton, No. 09-0185/AR: